PURNACHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of the District Panchayat Officer. Dhenkanal, dated 30th of June, 1990, annexed as Annexure -12, with - drawing the approval of the petitioner's appointment as Secretary of Tulsipal Grama Panchayat is being challenged in this, writ application, inter alia, on the ground that there is no provision conferring such power of withdrawal of an approval once accorded by the District Panchayat Officer under the provisions of the Orissa Gram Panchayat Rules.

(2.) THE petitioner's case in nutshell is that under Rule 212 of the Orissa Grama Panchayat Rules, 1968, (hereinafter referred to as the 'Rules'), the petitioner was appointed as the Secretary of Kankinali Grama Panchayat in the year. -1971 and joined the said post on 2 -1 -1971. The aforesaid Grama Panchayat was renamed as Tulsipal Grama Panchayat under Gazatte notification dated 9 -9 -1974 and the petitioner continued as the Secretary of the said Grama Panchayat. Initially the, petitioner had been granted the remuneration of Rs. 45/ -per month which was subsequently raised to Rs. 80/ -and then to Rs. 100/ - and ultimately in the scale of pay of Rs. 120 -250/ -by notification dated 2 -4 -1985. While continuing as the Secretary of the Grama Panchayat, the petitioner was also appointed as Extra -Departmental Branch Post - master of village Tulasipal on 16 -7 -1973 and for discharging his duties as Extra Departmental 8ranch Postmaster, he was being paid some honorarium. It is alleged that functioning of the petitioner as the Branch Postmaster did not affect in any way about the functioning of the petitioner as the Secretary of the Grama Panchayat. The continuance of the petitioner as Extra -Departmental Branch Postmaster was to the knowledge of opposite parties 2, 3 and 4 and at no point of time any objection had been raised by any of them. Opposite party No. 1 issued a circular on 23 -9 -1989 whereunder the Grama Panchayat would appoint Secretary of the Grama Panchayat with increased salary of Rs. 300/ - par month subject to the prior approval of the concerned District Grama Panchayat Officers. In accordance with the aforesaid circular, which has been annexed as Annexure -4 to the writ petition, opposite party No. 2 requested the Sarpanchas of the Grama Panchayats to carry out the provisions of the Circular and the petitioner's Grama Panchayat passed a resolution on 1 -11 -1989 confirming the petitioner's appoint - menf as permanent Secretary with remuneration of Rs. 500/ - per month and this was sent to opposite party No. 2 for his approval, who by his letter dated 30th of December, 1989, approved the resolution of the Grama Panchayat and communicated the same in his letter dated 30 -12 -1989, annexed as Annexure -7. While the petitioner was so continuing, an Ordinance was issued whereunder the elected members of the Grama Panchayats ceased to continue to function as such and the District Panchayat Officer remained in charge of Grama Panchayats. On 15 -5 -1990, opposite party No. 3 called upon the petitioner to show cause as to why he should not be removed from the post of Secretary and disciplinary action should not be taken against him, since while continuing as a -full time permanent Secretary of the Grama Panchayat,he has accepted the post of Extra -Departmental Branch Postmaster. The petitioner gave a reply to the aforesaid show cause notice stating therein that the Block Development Officer has no authority to call upon the petitioner to show cause. The aforesaid reply of the petitioner has been annexed as Annexure -9. The said opposite party No. 3 once again issued another letter on 30 -5 -1990 reiterating the earlier charge against the petitioner and the petitioner gave a reply to the same effect as it had been done under Annexure -9. The petitioner also intimated that the continuance of the petitioner as Extra Departmental Branch Postmaster is neither prohibited under the rules nor does it affect the petitioner's continuance as Secretary of the Grama Panchayat. The District Panchayat Officer (opp. party No. 2), however, issued the Impugned letter dated 30 -6 -1990 withdrawing the earlier approval of the petitioner's appointment as Secretary of Grama Panchayat on the ground that by allowing the petitioner to continue as Extra -Departmental Branch Postmaster, the object of appointing a full -time Secretary for the Grama Panchayat will be defeated and the J. R. Y. scheme cannot be effectively implemented. The petitioner, therefore, has approached this Court for quashing the aforesaid order of the District Panchayat Officer

(3.) THE assertion of the opposite parties in their counter affidavit that the petitioner while continuing as full -time Secretary of the Grama Panchayat accepted the appointment of Extra -Departmental Branch Postmaster has not been denied by the petitioner. The only contention raised by Mr. Rath appearing for the petitioner is that the District Panchayat Officer gated without authority in withdrawing the approval granted to the petitioner earlier and that an appointment of a Secretary of Grama Panchayat can be annulled only by way of his removal under Rule 215 of -the Orissa Gram Panchayat Rules and such an order of removal can be made by the Grama Panchayat itself. No such order having been passed, the impugned order under Annexure - 12 is without jurisdiction.